BILL NUMBER: AB 2764 AMENDED
BILL TEXT
AMENDED IN SENATE AUGUST 20, 2010
AMENDED IN SENATE AUGUST 2, 2010
AMENDED IN ASSEMBLY MAY 11, 2010
INTRODUCED BY Committee on Judiciary (Feuer (Chair), Brownley,
Evans, Jones, Lieu, and Monning)
FEBRUARY 25, 2010
An act to amend Sections 6140, 6140.35, and 6140.36 of , to
add Sections 6001.2 and 6001.4 to, and to add and repeal Section
6140.01 of, the Business and Professions Code, relating to the
State Bar Act.
LEGISLATIVE COUNSEL'S DIGEST
AB 2764, as amended, Committee on Judiciary. The State Bar Act:
fees.
Existing law, the State Bar Act, provides for the licensure and
regulation of attorneys by the State Bar of California, a public
corporation and the . The State Bar is
governed by a board known as the Board of
Governors board of governors of the State Bar.
Existing The board of governors consists of
16 attorney members and 6 public members.
This bill would also require, on or before February 1, 2011, a
Governance in the Public Interest Task Force to be created within the
State Bar and to be made up of 11 specified board members appointed
by the President of the State Bar. The bill would require, on or
before May 15, 2011, and every 3 years thereafter, that the task
force prepare a report, including a dissenting report, if applicable,
to be submitted to the Supreme Court, the Governor, and the
Judiciary Committees that includes its recommendations for, among
other things, enhancing and ensuring the protection of the public.
The bill would also require that the State Bar, commencing on or
before February 1, 2011, make available, upon request of a member of
the public, specified classification and compensation paid to its
employees as well as other specified information relating to
compensation and benefits.
Existing law requires the Board of Governors
board of governors to charge an annual
membership fee for active members of up to $315 for the year 2010.
Existing law also requires the board to charge an annual membership
fee for inactive members of up to $75. Under existing law, these fees
are payable on or before the first day of March 2010.
This bill would require the board to charge that annual membership
fee for active members for 2011. The bill would also specify that
the annual membership fee for active members and inactive members is
payable on or before the first day of February of each year. The
bill would authorize, until January 1, 2014, $10 of those membership
fees to be allocated to support specified activities, and would
authorize a member to deduct that amount from his or her annual fee
if the member elects not to make this allocation.
Existing law, until January 1, 2011, authorizes the Board
of Governors board of governors to increase the
annual membership fee for active members by up to $10 in any year to
be used for the costs of upgrading its information technology
system, and requires this additional amount to be separately listed
and described in the annual membership fee invoice. Existing law also
requires the board to report to the Assembly and Senate Committees
on Judiciary, on or before April 1, 2009, and twice thereafter as
specified, on the use of these additional funds.
This bill would extend the operation of the provision authorizing
an increase of the annual membership fee to January 1, 2014, and
would require the board to report on the use of these additional
funds on or before April 1, 2014 2011, and
twice thereafter .
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 6001.2 is added to the
Business and Professions Code , to read:
6001.2. (a) On or before February 1, 2011, there shall be created
within the State Bar a Governance in the Public Interest Task Force
comprised of 11 members appointed by the President of the State Bar,
seven of whom shall be attorney members of the board and three of
whom shall be public members of the board. The president shall also
be a member of the task force and shall preside over its meetings,
all of which shall be held consistent with Section 6026.5.
(b) On or before May 15, 2011, and every three years thereafter,
the task force shall prepare and submit a report to the Supreme
Court, the Governor, and the Assembly and Senate Committees on
Judiciary that includes its recommendations for enhancing the
protection of the public and ensuring that protection of the public
is the highest priority in the licensing, regulation, and discipline
of attorneys, to be reviewed by the Assembly and Senate Committees on
Judiciary in their regular consideration of the annual State Bar
dues measure. If the task force does not reach a consensus on all of
the recommendations in its report, the dissenting members of the task
force may prepare and submit a dissenting report to the same
entities described in this subdivision, to be reviewed by the
committees in the same manner.
SEC. 2. Section 6001.4 is added to the
Business and Professions Code , to read:
6001.4. Commencing on or before February 1, 2011, the State Bar
shall make available, upon request of a member of the public, the
classification and total annual compensation paid to each of its
employees by name, as well as any and all rules, policies, and
agreements pertaining to the compensation and benefits of any
employees of the State Bar.
SECTION 1. SEC. 3. Section 6140 of
the Business and Professions Code is amended to read:
6140. (a) The board shall fix the annual membership fee for
active members for 2011 at a sum not exceeding three hundred fifteen
dollars ($315).
(b) The annual membership fee for active members is payable on or
before the first day of February of each year. If the board finds it
appropriate and feasible, it may provide by rule for payment of fees
on an installment basis with interest, by credit card, or other
means, and may charge members choosing any alternative method of
payment an additional fee to defray costs incurred by that election.
(c) This section shall remain in effect only until January 1,
2012, and, as of that date, is repealed, unless a later enacted
statute, that is enacted before January 1, 2012, deletes or extends
that date.
SEC. 4. Section 6140.01 is added to the
Business and Professions Code , to read:
6140.01. (a) (1) Ten dollars ($10) of the membership fee
authorized pursuant to Sections 6140 and 6141 shall be allocated for
the purposes established pursuant to Section 6033, except to the
extent that a member elects not to support those activities.
(2) The invoice provided to members for payment of the annual
membership fee shall provide each member the option of deducting ten
dollars ($10) from the annual fee if the member elects not to have
this amount allocated as provided in this section.
(3) The allocation pursuant to this section shall be known as the
Temporary Emergency Legal Services Voluntary Assistance Option.
(b) This section shall remain in effect only until January 1,
2014, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2014, deletes or extends
that date.
SEC. 2. SEC. 5. Section 6140.35 of
the Business and Professions Code is amended to read:
6140.35. (a) The board may increase the annual membership fee
fixed by Section 6140 by an additional amount not exceeding ten
dollars ($10). This additional amount may be used only for the costs
of upgrading the board's information technology system, including
purchasing and maintenance costs and both computer hardware and
software. This special assessment for information technology upgrades
shall be separately listed and described in the annual membership
fee invoice, which shall include notice of the repeal of this section
on January 1, 2014.
(b) This section shall remain in effect only until January 1,
2014, and, as of that date, is repealed.
SEC. 3. SEC. 6. Section 6140.36 of
the Business and Professions Code is amended to read:
6140.36. (a) The board shall report to the Assembly Committee on
Judiciary and the Senate Committee on Judiciary on or before April 1,
2011, and on or before April 1 of the succeeding two years, on the
use of the funds authorized pursuant to Section 6140.35.
(b) This section shall remain in effect only until January 1,
2014, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2014, deletes or extends
that date.